Patna High Court
Indrajeet Kumar @ Indrajeet Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner is entitled to bail subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Indrajeet Kumar Sinha, sought bail fearing arrest in a case registered under Sections 126, 115(2), 109, 74, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, where the prosecution alleged that he and co‑accused assaulted the informant's son, daughter‑in‑law and brother. The petitioner claimed innocence, alleging false implication due to family enmity, asserted that the injuries were simple, and highlighted his clean criminal record and willingness to cooperate with the investigation. The State opposed the bail application. After considering the nature of the allegations, the petitioner’s clean antecedent and the circumstances, the court granted bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of bail in the present circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126, 303(2), 3(5), 74
Subjects
- bail
- criminal procedure
- assault
- false implication
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17752 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- PARAIYA District- Gaya
======================================================
Indrajeet Kumar @ Indrajeet Kumar Sinha Son of Birendra Sinha @ Birendra
Kumar Sinha R/o Village - English, P.S. - Paraiya, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126, 115(2), 109, 74, 303(2) and 3(5)
of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, all the accused
persons assaulted the son of the informant. It is alleged that
petitioner along with co-accused Kaushal Kumar assaulted the
daughter-in-law of informant and his brother.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to enmity. Further
submission is that both the parties belong to one family. The
injuries to the injured are simple in nature. Petitioner has got no
Patna High Court CR. MISC. No.17752 of 2026(2) dt.25-03-2026
2/2
criminal antecedent and he undertakes to cooperate in the
investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and clean antecedent of the petitioner, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the learned court below within a period of six
weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gaya in connection with Paraiya P.S. Case No. 357 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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